§ 3-104 Declaration of emergency.

Whenever the mayor determines that there has been an act of violence or a flagrant and substantial defiance of or resistance to a lawful exercise of public authority, and that, partly on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to property, all of which constitutes a threat to public peace or order and to the general welfare of the city or a part or parts thereof, the mayor may declare that a state of emergency exists within the city or any part of parts thereof.

§ 3-105 Emergency measures.

   1.   Whenever the mayor, pursuant to section 3-104, declares that a state of emergency exists, (a) the emergency measures provided in subdivision two of this section shall thereupon be in effect during the period of said emergency and throughout the city and (b) the mayor may order and promulgate all or any of the emergency measures provided in subdivision three of this section, in whole or in part, and with such limitations and conditions as he or she may deem appropriate, and any such emergency measure so ordered and promulgated shall thereupon be in effect during the period of said emergency and in the area or areas for which the emergency has been declared.

   2.   (a)   The sale or other transfer of possession, with or without consideration, offer to sell or so transfer, and the purchase of any ammunition, guns and other firearms of any size or description is prohibited.

      (b)   The displaying by or in any store or shop of any ammunition, guns and other firearms of any size or description is prohibited.

      (c)   The possession in a public place of a rifle or shotgun by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of his or her duty, is prohibited.

      (d)   The possession of any rifle or shotgun in any place, public or private, by a nonresident who has not been issued a permit by the police commissioner, for the purchase and possession of rifles and shotguns, is prohibited.

   3.   (a)   The establishment of curfews, including, but not limited to, the prohibition of or restrictions on pedestrian and vehicular movement, standing and parking, except for the provision of designated essential services such as fire, police and hospital services including the transportation of patients thereto, utility emergency repairs and emergency calls by physicians.

      (b)   The prohibition of the sale of any alcoholic beverage.

      (c)   The prohibition of the possession on the person in a public place of any portable container containing any alcoholic beverage.

      (d)   The closing of places of public assemblage with designated exceptions.

      (e)   The prohibition of the sale or other transfer of possession, with or without consideration, of gasoline or any other flammable or combustible liquid altogether or except by delivery into a tank properly affixed to an operable motor-driven vehicle, bike, scooter, boat or airplane and necessary for the propulsion thereof.

      (f)   The prohibition of the possession in a public place of any portable container containing gasoline or any other flammable or combustible liquid.

§ 3-106 Filing and publication.

Any state of emergency or emergency measure declared or ordered and promulgated by virtue of the terms of the code shall, as promptly as practicable, be filed in the office of the city clerk and published in the City Record and shall also be delivered to appropriate news media for publication and radio and television broadcast thereby. If practicable, such state of emergency declaration or emergency measure shall also be publicized by other appropriate means such as by posting and loud-speakers.

§ 3-107 Duration and termination of emergency.

A state of emergency established under the code shall commence upon the declaration thereof by the mayor and shall terminate at the end of a period of five consecutive days thereafter, unless prior to the end of such five day period, the mayor shall either terminate such state of emergency or shall declare an additional state of emergency. Any such additional state of emergency shall commence and terminate as provided in section 3-104 and in this section.

§ 3-108 Violations.

Any knowing violation of a provision of any emergency measure established pursuant to this chapter shall be a class B misdemeanor punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than three months, or both.

§ 3-109 Definitions.

For the purposes of this chapter:

   1.   "Alcoholic beverage" shall mean an alcoholic beverage as that term is defined by section three of the alcoholic beverage control law but shall not include patented medicine.

   2.   "Rifle" and "shotgun" shall mean a rifle and shotgun as those terms are defined by section 10-301 of the code.